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(영문) 부산지방법원동부지원 2016.01.28 2015가단209028
집행문부여에 대한 이의
Text

1. The defendant's case of the contract deposit with the Busan District Court, Busan District Court Branch, 2014Da3268 on the Blue Ballast Co., Ltd.

Reasons

1. Basic facts

A. On November 11, 2005, the Defendant concluded a membership agreement on the Blue Ballast Co., Ltd. (a change of the mission in a private village on April 23, 2012) and the Suwon-si Security Condominium 642-1 located in the hot spring on the surface of security (hereinafter “instant containers”) (hereinafter “instant membership agreement”).

According to the instant membership agreement, the Defendant may pay KRW 6,990,000 to the Blue Ballast Co., Ltd. for the membership deposit, and use the instant containers and condominium facilities operated by the Blue Ballast Co., Ltd. during the subscription period.

B. On September 3, 2014, the Plaintiff acquired the ownership of the instant containers from the Blue Ballast Co., Ltd., and reported the acquisition of the ownership of the instant containers at the time of Chungcheong.

On November 28, 2014, Chungcheongnam-si accepted the Plaintiff’s report of transfer due to the following conditions of succession and succession to status.

- The rights and obligations agreed with tourism business operators of the members who have sold all of the instant container facilities, except for the portion sold in shares in the ownership of succession matters - the stores and cultural and sports facilities that meet the registration standards for tourism business under Article 5 of the Enforcement Decree of the Tourism Promotion Act for the terms

(a) He/she shall comply with the provisions of Article 26 (Protection of Co-owners or Members) of the Enforcement Decree of the Tourism Promotion Act, such as the return of membership fees for members, the composition of a representative body of co-owners and members, and consultation on a major plan

(c).

On November 4, 2014, the Defendant filed an application with the Busan District Court Branch Branch of the Busan District Court for a payment order claiming refund of KRW 6,990,000 for the security deposit for the reason that the Blue Ballastt did not perform its duty under the instant membership contract and the present membership contract was rescinded. On November 11, 2014, the Busan District Court ordered the payment order issued on November 2014, 2014.

The above payment order shall be made for the Blue Ballast Co., Ltd.

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